Go after perpetrators of child abuse in FLDS case

State treatment of mothers and children is just shameful

Why do Texas officials, especially Child Protective Services, seem so intent on punishing the mothers and children of the Fundamentalist Latter Day Saints ranch in Eldorado?

In fact, the actions of state officials against the FLDS community in Eldorado may be a tragedy in the making, at least for the moms and kids concerned.

The officials' raid and attempt to remove the children away from their mothers has the potential of seriously harming these 416 children for the rest of their lives.

It is becoming increasing apparent that either officials were duped into obtaining a false warrant or obtained a warrant for which they knew there was no reasonable factual basis.

It is also clear the evidence Texas Child Protective Services has so far is slim, to say the least, and even that questionable evidence may have been manufactured.

If there was child abuse, it should be punished — that means the perpetrator and not the mothers and the children. It is the culpable man or men who should be arrested.

Nothing at this time suggests wrongdoing to justify mass separation of all the children from their mothers. Otherwise, all that happens is victimizing innocent children. So far, nothing has come to light that shows any grievous misconduct at the Eldorado ranch. In fact, it now turns out that the one alleged perpetrator has been in Colorado all the time.

Yet, CPS convinced the judge that mass genetic testing was necessary and wants to move forward, removing children from their moms.

And why does the judge — who rather shamefully referred to the mass proceedings she engineered as a "cattle call" — need to wait until June for another hearing on the future of the children? There are plenty of retired judges around who could help resolve these cases quickly. All that happens in the meantime is the kids suffer more and more.

One certainly can get the impression the officials may be motivated more by bias against the FLDS people because of their practice of plural marriage and their self-isolation in an enclave. It would not be the first time in American history that majority society has struck out against Mormons or other self-isolating religious groups.

Simply because their beliefs and lifestyle are very different, and maybe even incomprehensible to majority society, is no reason to leverage the law against them. Religious freedom is a cardinal tenet of the First Amendment. It may be hard to swallow for many "mainstream" folks, but it is essential to any pluralist democracy.

And so is due process.

These children are taught that they live on a ranch, insulated from the general community, because the majority society acts arbitrarily and capriciously toward religious minorities. State officials and the judge are reinforcing that view.

Imagine what kind of trauma befalls a young child who is rounded up with everyone else and transported en masse to live in Fort Concho State Park and then herded off to the city coliseum in San Angelo — all while the state tries to take them away from their mothers.

This sad situation needs to be resolved — quickly — for the children's sake. Punish the wrongdoer, if any, but not the children and their mothers.

And, if the state has committed a grave error, the officials should apologize and let everyone return to their lives.

Harrington, based in Austin, is director of the Texas Civil Rights Project (TexasCivilRightsProject.org). The nonprofit foundation promotes civil rights and economic and racial justice throughout Texas.